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Case 3:12-cv-30200 Document 1 Filed 11/20/12 Page 1 of 7 



UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF MASSACHUSETTS 

Western Division 



EXCELSIOR PRINTING 
COMPANY, 

Plaintiff, 

v. 

MATTHEW INMAN 
and 

PAPYRUS-RECYCLED 
GREETINGS, INC. 

Defendants. 



Civil Action No. 



COMPLAINT AND JURY DEMAND 

Plaintiff, Excelsior Printing Company ("Excelsior" or "Plaintiff), by its attorneys, Cohen 
Kinne Valicenti & Cook LLP, alleges as follows: 

PRELIMINARY STATEMENT 

1. This is an action for damages and injunctive relief based upon the sale of products 
under a brand name "The Oatmeal" by the defendants Matthew Inman and Papyrus-Recycled 
Greetings, Inc. (collectively "Defendants") that is confusingly similar to Plaintiffs registered 
trademark Oatmeal Studios®. Defendants have willfully infringed Plaintiffs' trademark rights in 
violation of federal trademark law. 

JURISDICTION AND VENUE 

2. This Court has jurisdiction over the subject matter of this action pursuant to 28 
U.S.C. §§ 1331, 1337 and 1338 because this case arises under the Lanham Act, 15 U.S.C. § 1051, et 
seq., for trademark infringement. 

3. This Court also has original jurisdiction pursuant to 28 U.S.C. § 1332, because the 



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parties are citizens of different states and the amount in controversy exceeds $75,000, exclusive 
of interest and costs. 

4. This Court has personal jurisdiction over each of the Defendants because they: 

(a) transact business in this Commonwealth; 

(b) contracted to supply services or things in this Commonwealth; 

(c) caused tortious injury by an act or omission in this Commonwealth; 
and/or 

(d ) regularly do or solicit business, or engage in any other persistent course 
of conduct, or derive substantial revenue from goods used or consumed or 
services rendered, in this Commonwealth and have caused tortious injury in 
this Commonwealth by an act or omission outside this Commonwealth. 

5. Venue is proper pursuant to 28 U.S.C. §§ 1391 and 1400. 

PARTIES 

6. Excelsior is a corporation organized and existing under the laws of the 
Commonwealth of Massachusetts, with a principal place of business located at 60 Roberts Drive 
North Adams, MA 01247. Excelsior sells greeting cards and related products sold under the 
trademark Oatmeal Studios®. 

7. Upon information and belief, Defendant Matthew Inman ("Inman") is an 
individual residing in Seattle, Washington. 

8. Upon information and belief, Defendant Papyrus- Recycled Greetings, Inc. 
("Recycled Greetings") is a corporation organized under the laws of the State of Illinois , with a 
principal place of business at 1 1 1 N. Canal, Suite 700 Chicago, Illinois 60606. 

9. Upon information and belief, Defendants Inman and Recycled Greetings 
(collectively "Defendants") acted in concert at all relevant times in connection with the activities 



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that are the subject of this action. 

FACTUAL BACKGROUND 
Plaintiff's Business 

10. In January 2011, Excelsior purchased Oatmeal Studios, Inc., a company that has 
produced an extensive line of greeting cards and related products sold under the trademark 
Oatmeal Studios® (the "Mark") for more than thirty-five years. 

11. Excelsior is the owner of the Mark, which is federally registered on the Principal 
Register in the United States Patent and Trademark Office ("USPTO"), Reg. No. 2913017. 

12. Since acquiring Oatmeal Studios, Inc., Excelsior has continued its business and 
the use of the Mark. 

13. Excelsior commonly uses the Mark to advertise its products in the United States. 

14. Excelsior advertises its products bearing the Mark heavily on the Internet and 
elsewhere. Excelsior and its predecessor have expended great time and effort in the 
development, promotion and marketing of its products under the Oatmeal Studios® trademark. 

15. Oatmeal Studios® brand products are sold throughout the United States in major 
retail stores and on the Internet. 

16. In connection with the marketing of the Oatmeal Studios® brand products, 
Excelsior has a promotional website, http ://oatmealstudios.com where consumers may view its 
products. 

17. Through Excelsior and its predecessor's extensive efforts, as well as the products' 
quality and overwhelming customer satisfaction, the Oatmeal Studios® brand has become highly 
successful and well known. 

18. Excelsior has extensively and exclusively used the Mark throughout the United 
States. Through such use, the Mark has become distinctively connected with Excelsior. 



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19. As a result of this effort, goodwill and the expanding reputation of the Oatmeal 
Studios® brand, customers and others in the marketplace recognize Oatmeal Studios® as an 
indication of the high quality of products offered by Excelsior. 

20. In view of Excelsior's and/or its predecessor's long-standing use, substantial 
sales, and wide-spread marketing and promotional efforts of the Mark, the Mark has become 
famous and distinctive, being associated exclusively with products provided by or authorized by 
Excelsior. 

Defendants' Competing Businesses 

21. Upon information and belief, Defendants have acted in concert to develop, 
produce and sell various products under the brand name "The Oatmeal" (the "Infringing 
Products"). 

22. Upon information and belief, Defendant Inman operates an interactive 
commercial website with the URL: http ://www.theoatmeal.com (the "Infringing Website"). 

23. The Infringing Website contains an online store located at 
http://shop.theoatmeal.com/ where consumers may purchase various Infringing Products 
including greeting cards, boxed cards and other novelty items. 

24. Upon information and belief, Defendant Recycled Greetings produces and 
distributes the Infringing Products sold at the Infringing Website. 

25. Upon information and belief, Defendants use the Infringing Website to solicit 
business in Massachusetts and to effect commercial transactions with customers, including 
customers in Massachusetts. 

26. Upon information and belief, Defendant Recycled Greetings or its affiliates, 
operate a chain of retail stores called, "Papyrus", which exists throughout the United States and 
internationally, including in Massachusetts. 

27. Upon information and belief, Papyrus sells Infringing Products. 

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28. Upon information and belief, Defendants have placed the Infringing Product into 

the stream of commerce and intended to serve customers in the Commonwealth of 

Massachusetts. 

COUNT I 
FEDERAL TRADEMARK INFRINGEMENT (15 U.S.C. § 1114) 

29. Excelsior repeats and incorporates the foregoing allegations as if fully set forth 
herein. 

30. Excelsior is the rightful owner of the Mark. 

31. Without authorization from Excelsior, upon information and belief, Defendants 
have used and continue to use as a trademark "The Oatmeal". 

32. "The Oatmeal" is substantially similar to Excelsior's Mark. 

33. The products offered by Defendants bearing "The Oatmeal" mark are 
substantially similar or related to those products offered and sold by Excelsior. 

34. Defendants' use of the "The Oatmeal" as a trademark may lead consumers in 
relevant markets to believe that Defendants' businesses are related to or associated with 
Excelsior. 

35. Defendants' use of a mark that is confusingly similar to Excelsior's Mark 
constitutes a reproduction, copying, counterfeiting, and colorable imitation of Excelsior's Mark 
in a manner that is likely to cause confusion, mistake, or is likely to deceive consumers. 

36. By using a mark that is likely to cause confusion, mistake and/or deception as to 
source, sponsorship or affiliation, Defendants' past, present and ongoing actions constitute 
trademark infringement of Plaintiff s rights, subjecting Defendants to liability under 15 U.S.C. § 
1114. 

WHEREFORE, Excelsior demands judgment as follows: 

1. Defendants, as well as all their agents, representatives, employees, assigns and all 



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persons acting in concert or privity with them, are permanently enjoined from 
maintaining, using, disseminating, reproducing, promoting, distributing or otherwise 
using the mark "The Oatmeal", or any mark confusingly similar thereto, as all or part 
of any mark, design, or trade name; 

2. Defendants, as well as all their agents, representatives, employees, assigns and all 
persons acting in concert or privity with them, are permanently enjoined from using 
"The Oatmeal" in association with products or services in the same or similar 
channels of trade as Excelsior's products or services; 

3. An award of damages, including interest, sustained by Excelsior as a result of the 
wrongful acts of Defendant; Defendants' actions have been knowing, deliberate, 
willful, and intended to cause mistake or deceive, and in disregard of Excelsior's 
rights; 

4. Defendants shall pay to Excelsior any damages attributable to its infringement of 
Excelsior's Mark and Defendants shall account for all gains, profits, and advantages 
derived through said infringement, and such damages authorized by law, including 15 
U.S.C. § 1117, including an accounting for any period not directly covered by a 
verdict in Excelsior's favor; 

5. An increase and/or trebling of damages pursuant to 15 U.S.C. § 1 1 17(a), or any other 
applicable or statutory or common law basis; 

6. An award of reasonable costs and attorneys' fees pursuant to 15 U.S.C. § 1117, or 
any other applicable or statutory or common law basis; and 

7. The costs of this action, reasonable attorneys' fees and such other and further relief as 
this Court may find to be just. 



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DEMAND FOR JURY TRIAL 



Plaintiff demands a jury trial on all issues so triable. 
Dated: November 20, 2012 



Respectfully submitted, 
EXCELSIOR PRINTING COMPANY 
By Its Attorneys, 

Is/ Christopher M. Hennessey 



David Valicenti, Esq. (BBO# 632980) 
Christopher M. Hennessey, Esq. (BBO# 654680) 
COHEN KINNE VALICENTI & COOK, LLP 
28 North Street, 3 rd Floor 
Pittsfield, MA 01201 
Telephone (413) 443-9399 
Facsimile (413) 442-9399 



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